5.  The applicant, Mr Mirosław Zieliński, is a Polish national who was born in 1953 and is currently detained in Włocławek Prison.
6.  From 18 November 2004 until 24 July 2008 the applicant was detained in Łowicz Prison. It is not clear whether on the latter date he was released or transferred to another detention facility. He is currently detained in Włocławek Prison.
7.  The applicant submitted that in Łowicz Prison he had been held in overcrowded and dirty cells. During the period of his detention in Łowicz, the applicant had occupied a total of seventeen cells, including cell no. 202 in wing II, in which he had been detained from 26 October 2007 until 24 July 2008.
8.  The Government acknowledged that during almost the entire period of the applicant’s detention in Łowicz Prison the space per person in his cells had been inferior to 3 square metres. They submitted that the cells had been clean and that the applicant had had one shower per week and one hour of outdoor exercise per day.
9.  The applicant also complained about the practice of mixing healthy prisoners with those who were infected with transmissible diseases, such as HIV or hepatitis C (HCV). Prisoners were not informed by the authorities about such state of affairs. On one occasion the applicant was told by his fellow cellmate that the latter was HIV-positive. To that effect the applicant submitted a statement dated 13 February 2008, in which a certain P.P., a person claiming to be an HIV-positive prisoner, certified that on 12 February 2008 he had been placed in the applicant’s cell no. 202 wing II. P.P. further stated that neither the applicant nor other inmates had been aware of his illness and that he, in fact, had been instructed by the prison administration not to reveal his HIV status.
10.  The applicant complained that he had been exposed to the risk of contamination because he had shared his cell with infected persons and he had not been informed about it. He also had not been advised of the dangers relating to HIV and HCV and of the means of protection against it. Moreover, he submitted that from the moment when he had found out that his fellow cellmates were either infected or could potentially be infected, he feared for his well-being.
11.  In 2001 the applicant suffered a fracture of the skull and underwent surgery in which a small part of his skull was removed. In addition, prior to his detention he had been hospitalised on several occasions because of his epilepsy, chronic ischemic heart disease (choroba wieńcowa) and thinning of the cervical cortex (zanik kory mózgowej). Prior to his detention in Łowicz Prison the applicant was under regular medical supervision; he received pharmacological treatment and had numerous medical check-ups. On 1 July 2004 he was tested for HIV and HCV. On 12 July 2004 he underwent coronary catheterisation (koronografia).
12.  On 20 May 2004 the applicant was certified as “temporarily disabled” with a mild degree of disability (umiarkowany stopień niepełnosprawności). It was indicated that the applicant occasionally required the help of a third person in his daily life. The certificate was valid until 20 May 2007.
13.  The parties did not furnish any medical reports or certificates related either to the period when the applicant was detained in Łowicz Prison or after his release.
14.  The applicant lodged several complaints about overcrowding in Łowicz Prison. In reply the authorities acknowledged the existence of the problem and pointed to its systemic nature. On the other hand the applicant did not bring a civil action in tort to seek compensation for the alleged infringement of his personal rights on account of overcrowding and inadequate conditions of his detention.
15.  The applicant instituted three sets of criminal proceedings against the prison administration and filed penitentiary complaints in relation to the alleged fact that from March until October 2006 and from March 2006 until February 2008 he had been forced to share his cell with inmates infected with HIV and HCV.
16.  On 8 December 2006 the Łowicz District Prosecutor (Prokurator Rejonowy) discontinued the criminal inquiry into the allegations described above. It was established that, as a matter of law, namely because of medical secrecy and antidiscrimination laws, the prison administration had never been informed about prisoners’ health. In consequence, potentially ill prisoners were mixed with potentially healthy prisoners. The practice, however, could not be considered as criminal negligence on the part of the prison administration.
17.  A similar decision was issued by the Łowicz District Prosecutor on 30 April 2007. On 26 September 2007 after the applicant’s interlocutory appeal the decision was upheld by the Łowicz District Court (Sąd Rejonowy). In addition to the reasoning presented in the prosecutor’s 2006 decision, the court relied on the submissions of the doctor in charge of the prison hospital, who had stated that mixing healthy prisoners with those who were HIV or HCV positive did not create any health risks to the prior group.
18.  Lastly on 25 June 2008 the Łowicz District Prosecutor refused to open an inquiry into similar allegations related to the longer period from March 2006 until February 2008. On October 2008 the Łowicz District Court upheld that decision.
19.  The applicant lodged at least eleven complaints with State authorities about the quality of medical care in Łowicz Prison. It appears that he also tried to institute criminal proceedings against the medical staff and administration of Łowicz Prison and applied for a prison break on health grounds.
20.  The penitentiary authorities considered the applicant’s allegations groundless. It was found that the applicant had received good quality medical care and that he had been under the regular supervision of medical specialists. On the other hand, it was repeatedly stated that the applicant had been a difficult and vexatious patient who did not cooperate with prison doctors and did not follow their recommendations.
21.  On 28 September 2006 the Łódź Regional Court (Sąd Okręgowy) rejected the applicant’s application for a prison break which he claimed to need in order to undergo surgery. The applicant wished to have an implant which would fill the bone gap created in his skull as a result of his 2001 surgery. The regional court considered the procedure which was sought by the applicant unnecessary in the light of the fact that he was under regular medical supervision and received adequate medical treatment.
22.  On an unspecified date the applicant was convicted by a criminal court of the first-instance. He appealed against that judgment and informed the authorities that, despite being represented by a lawyer, he wished to be brought to the appellate hearing under escort from the remand centre in order to present his case in person.
23.  On 15 March 2006 the Płock Regional Court rejected the applicant’s request. The court reasoned that the applicant’s presence was unnecessary in the light of the fact that his legal-aid lawyer was under a duty to participate in the hearing and that the applicant had already presented his case to the appeal court in writing.
24.  The applicant did not submit any further information about the course and the outcome of the proceedings in question.
25.  The applicant’s first letter to the Court, which was dated 1 January 2005, was deposited by the applicant with the administration of Łowicz Prison on 3 January 2005 and was received by the Registry of the Court on 21 January 2005. The envelope of that letter bears a stamp reading “Censored Deliver to the addressee Date ... Judge” (Ocenzurowano Doręczyć adresatowi Data ... Sędzia). The date of 14 January 2005 has been written by hand on the dotted line. An illegible signature is visible under the heading “Judge”.
26.  In his second letter to the Court, which was dated 7 February 2005, the applicant complained about the regular withholding and monitoring of his correspondence by the authorities. That letter was received by the Registry of the Court on 21 February 2005. The envelope of the letter in question bears a stamp and a signature identical to those described above. The date of 17 February 2005 has been written by hand on the dotted line.
27.  The other letters which were sent by the applicant to the Court do not bear any similar stamps.